It took me a year to fight it and when the charges were finally dismissed, I got all my property back except my $500 cell phone. It was a basic misdemeanor charge but I was threatened with an unrelated felony if I didn't take a plea deal. I refused and the prosecutor moved to withdraw the case citing lack of evidence, preventing me from winning via acquittal.
The fact that I was falsely accused of stealing two cheap cell phones and then the police stole my phone instilled a permanent distrust in the police.
Then recently, I got involved in a dispute with a roommate and all my property was taken to a police warehouse. When I went to get it, the police officer told me there had been a robbery and all my stuff was stolen. About $6000 worth including priceless family items.
I'm a white guy who doesn't break the law, although I am a bit politically active and rebellious. What I have experienced by the police and justice system is enraging and disenfrancising. If I was surrounded by poverty and crime, and had no hope for the future, I could see myself becoming emboldened against the police and turn into a life of crime.
The way they treat people is wrong. The plea bargin system is a worse crime than most of the petty offenses people do. The way they treat you in jail is malicious and purposely antagonistic. It's a mild form of torture that doesn't rise to sensational levels but it perpetuates and sustains an atmosphere of distrust and hatred towards authority figures.
And the idea that rape in jail is normal and even something to joke about? People over there need to take a long hard look at themselves.
Although of course you could say the same about the preposterous notion of a modern, developed country not having a proper universal healthcare system as well.
Also healthcare. It is one of the few "first" world countries where a bankruptcy due to a medical accident is a very real danger. Obamacare helps some but we are far away from having healthcare worthy of a civilized country.
I was taken into jail (a holding cell in a county prison) for failing to pay a fine for a non-moving violation, and sat next to murderers, wife beaters and cop-killers awaiting transfer.
When I asked for a method to remove my contacts which were causing me significant pain and discomfort (they are NOT over nights), I was told "deal with it, this is jail".
Purposely antagonistic and mildly torturous is definitely their intent.
But I don't blame them, based on whom I was surrounded by. I wouldn't give an inch to the guys laughing and joking about beating up their girlfriends, her kids, the cops, etc, either.
You're in a cage. They are outside the cage. You ask. They have no incentive to comply. The power dynamics are not in your favor and that's why they can treat you poorly and get away with it.
Poor treatment in jails/prison helps no one. Everyone who goes to jail is not a cop-killer or wife beater. Even those people do not deserve poor treatment.
I get it. It's easier to generalize then treat each individual as a special snowflake. However, some people would rather kill themselves than go to prison. This also makes the job of police officer more dangerous if people would rather die than surrender knowing all that awaits for them is torture (sleep deprivation, disgusting food, forced labor, isolation, confined spaces, rape etc.).
We do not treat criminals as human beings. We offer them no path to be rehabilitated. They cannot vote, cannot get jobs easily and are social outcasts. You'd be surprised by the amount of people who committed non-violent, victimless crimes and had their lives ruined forever by this broken system.
I understand the police officer is not exactly a social worker. They are a cog in the system but they are not helping, not attempting to improve/change the system and are to blame (along with prosecutor, the justice system and authorities in general).
It boils down to one thing: They have POWER and you don't. They play a role in maintaining the status quo, you don't. Therefore, they are to blame.
Sorry for the rant, it boils my blood when people with no power make excuses for the poor treatment they received from people with actual power.
But in jail (jail is a term for institutions that hold people no longer than one year, in most cases, a majority of a jails population is transient), how do they know who the murderers and wifebeaters are? Isn't that the point of our justice system? Everyone is treated innocent until proven guilty?
The Chicago cops illegally towed my car for being abandoned while having only been parked in that spot for 3 days, lying about the state of the car, saying it had busted out locks (it is in pristine condition) or that it had leaves and debris under the tires (the street was swept the day before). I got my money back at the hearing, but that took another 1/2 day. If I wasn't white guy programmer who works from home, I would have been up a creek. Most people can't even take the time off to contest the bullshit.
When I was in college, in the eighties, I can honestly say the tickets I received, I deserved. I didn't deserve being pulled over for no reason, but that's another fight. A fight I've given up on. My father's advice, which he practiced, was just drive an inconspicuous vechicle. That was the 80's. A different decade.
In the 90's, and 2000's, I can honestly state I didn't do the things I was ticketed for. They were honest error on the part of law enforcement, or just made up violations. Or, I'm senile? I'm a bit excentric, but not senile. The violations I was tickets for I luckily got out of. The officer didn't show up, or I paid $10 to contest, and won.
I've given up on honest cops. They are basically revenue collectors in my county. If you don't look like you will fight back, you will get harassed, if you live here long enough.
My only wish is they would tie fines/fees to income levels.
A rich man gets a $500 red light right turn violation; he tells the wife over dinner. It's not a big deal. A poor man gets the same ticket; it could be the last straw.
I heard Switzerland ties driving/parking violations to income. I would like to see it done here. I'm a white guy. I can't imagine what minorites have gone through. This is not the America I was so proud of growing up. We need some systemic changes.
He was telling the truth. He just neglected to mention that you were talking to the perpetrator!
It happened to me in the 90's in upstate New York. Cop claimed my insurance paper looked "fake" and impounded my car. Got the car back but with my CD player and other valuables missing. Seems it had been "robbed" while in the "impound yard". It sure had.
Plea bargains reward disloyalty and often allow some of the worst people a ticket out of their crimes by implicating someone else. It's just a game and prosecutors want their stats to go up, no matter what is good for society.
I don't even want to touch the sex offender registry. I'll just say this. Australia's registry is confidential.
Civil forfeiture is plain unconstitutional. The legal idea behind it, that property is charged with a crime, and so it doesn't matter if a person is guilty/inocnent or even charged is simply absurd. Plea bargains cause people to plead guilty even if they aren't because they fear the lengthy process of litigation that is many times stacked against them. In doing so they may, depending on juresdiction, lose access to wealfare and other forms of government help that is many times vital to these people. As to losing the abbility to vote after being convicted, it's blatantly undemocratic and absurd. A person convicted of a crime loses some rights but that is done for the benefit of society and the convict himself, to allow hime to rehabilitate and become a productive member of society. A convict shouldn't lose rights if they don't directly contribute to the societies well being or his own. A person voting doesn't constitute a danger to society.
Civil forfeiture isn't a punishment for guilt or innocence. It's an adjudication that, more likely than not, nobody has an interest in the property that the law will protect.
Say the police raid a mob stash house and find $10 million in cash. Even if the court cannot figure out exactly who owns the money, it can determine by a preponderance of the evidence that nobody has a legitimate property interest in it because it's more likely than not the proceeds of a crime. Same thing if the property is contraband (drugs, automatic firearms, child porn etc.) There is no need to figure out who owns the property then charge that person because nobody could have a legitimate legal right to contraband. Due process doesn't require anything more than that.
The idea that the "property is charged with a crime" is mistaking the form of the action for the underlying rationale. The cases are styled "U.S. v. 10 cupcakes" because the case is about the legal status of the property, not about any particular person's guilt or innocence.
Now, I think civil asset forfeiture creates more risk of abuse than it is worth, and we should get rid of it. But it's not based on some outlandish legal theory like you imply. If there was a sensible way to cabin it to its purpose (seizing assets that are found in circumstances where it is obvious they are the proceeds of crime), it might even be a good idea.
If we as a society believe the person is still a danger, then we shouldn't let them out, ever. If that's not the case, then anything past their incarceration / parole is blatantly unfair.
We should recognize that we cannot always judge that correctly. So you either let people out who might still be a danger, or you keep people locked up who might not be a danger. (And, in fact, you do both - all you can do is adjust the proportions.)
But people scream really loudly if you keep people locked up who arguably are no longer a danger...
This is not how justice works. If you want to create some other form of government, that's fine, just don't call prison justice.
Repeat sex offenders are effectively jailed for life.
Well, no.
After multiple DUIs, someone can have their license taken away permanently. The justice system has a long history of restricting peoples behavior who are (a) out of jail, but (b) still a danger to themselves or others.
You'll see this a lot of times when they catch a mid-level dealer. The dealer will roll on the street-level dealers instead of their supplier since it yields dozens of easy felony drug convictions instead of one really difficult case that could eat a ton of resources and still be lost.
This is why civil forfeiture should be banned. I'm still of the opinion that any ticket money should be handed over to a superfund with strict rules on spending never to return to the police or judicial coffers.
http://www.theglobeandmail.com/news/national/civil-forfeitur...
Anything else is a conflict of interests. Send it to an out of state charity. I am fine with taking a car used in a crime away, but you can't give the money to the person who took the car nor the court that decides..
Without getting too political, several charities only benefit the people who set them up and picking charities is a major political exercise.
> I am fine with taking a car used in a crime away
I'm not, per the story that's exactly what they did.
> but you can't give the money to the person who took the car nor the court that decides
Any money received by the government as a result of someone doing something illegal should not be in the hands of the courts or police. I'd rather it not be decided by anyone and just used in some fund.
I am not saying your idea is a bad one, but I think it is useful to know where the potential problems lie.
http://leyhane.blogspot.com/2016/01/illinois-supreme-court-a...
Giving that money to the guy doing the arresting or the court doing the trial is the problem....
The devil is in the details, though. The rampant "theft by cop" is where you have money, and they take it. No charges, much less conviction.
It's "guilty until proven innocent", which violates one of the fundamental principles of our justice system. It's outright corruption.
But, the burden should be on the state to establish that the property is the proceeds of a crime.
What you are talking about is unreasonable when you are talking smaller amounts and things.
It's decades later and the laws that allowed police to terrorize blacks are gradually being extended to all races. I worry that this pattern will repeat itself.
Marriage licensing, gun control, and drug prohibition immediately spring to mind. Gun control in particular is a topic I'm invested in - see JPFO's video "No Guns for Negroes": https://www.youtube.com/watch?v=RaX3EM-fsc8
https://www.washingtonpost.com/news/wonk/wp/2015/11/23/cops-...
Who, exactly, do we need protection from?
I don't think it's a refutation of Hobbes that a dictator could seize control of a state and perpetrate mass murder.
> A big chunk of that 2014 deposit, for instance, was the $1.7 billion Bernie Madoff judgment, most of which flowed back to the victims.
Obviously nobody reasonable is endorsing civil asset forfeiture, but you don't have to falsify numbers to make that case.
You can claim they are all wrong, it's literally not unconstitutional, because in our system, that's what the supreme court decides.
Now, there are more reasonable arguments that some of the current approaches do not comport with due process, but that's not as blanket a statement as you are making here.
It's not even a little bit wrong, it's staggeringly wrong. It's not a weird technical nuance of law. It's not something the framers never addressed, or an issue that's only come up since the drafting. Yes, the practice of it has a long history that extends long before the US but so did/does slavery, government-sanctioned torture, genocide and collective punishment but nobody's wandering around saying we should allow those because starting the 1700s someone thought they were good ideas.
At least in the US, which wasn't a nation in 1600, this is a prohibition-era deterrent that was reinstated by Reagan to punish drug users, and has been more currently used to fund law enforcement agencies in an astonishingly offensive manner.
And having the text be upside down for half of the chart is pretty bad (another way to do it: http://media.treehugger.com/assets/images/2015/07/pie-chart-...)
This comment is meant in good faith, it's an important story and topic and visualizing the impact is very useful. I appreciate the work that went into it.
edit: I just noticed you can click on the fields, very cool!
IANAL, just confused.
https://www.aclunc.org/news/gov-brown-signs-historic-bill-re...
Imagine I run a drug cartel and want to make a deal with some corrupt cops. How can I pay them without raising suspicion? Simple:
- Open a new bank account and transfer the payment to it;
- Given an "anonymous" hint to the cops that the bank account is connected to the cartel; (indeed it is)
- The corrupt cops could seize the money using asset forfeiture and even make a nice PR show how it allows them to make progress in the war against drugs...
Holy crap.